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Rowan v. United States Post Office Department

Citations: 25 L. Ed. 2d 736; 90 S. Ct. 1484; 397 U.S. 728; 1970 U.S. LEXIS 44Docket: 399

Court: Supreme Court of the United States; June 15, 1970; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The court examined the constitutionality of 39 U.S.C. § 4009, part of Title III of the Postal Revenue and Federal Salary Act of 1967, which allows individuals to block unsolicited mail deemed sexually provocative. Publishers and mailing service operators challenged the statute, alleging it violated their First and Fifth Amendment rights due to vagueness. The statute provides a mechanism for individuals to notify the Postmaster General of undesired advertisements, leading to orders that stop further mailings and require removal from mailing lists. The court upheld the statute, emphasizing its role in addressing public concerns, particularly protecting minors from offensive materials. It interpreted the statute to allow broad prohibitory orders against all future mailings from a sender, without requiring an objective test of the material's nature. The process includes an opportunity for administrative hearings to contest orders, ensuring due process. Furthermore, the statute respects individuals' rights to refuse unwanted mail, aligning with the principle of household privacy. The judgment was affirmed, recognizing the statute as a constitutionally valid measure to empower individuals to manage unsolicited communications while balancing senders' rights.

Legal Issues Addressed

Constitutionality of Title III of the Postal Revenue and Federal Salary Act of 1967

Application: The statute was upheld as constitutional, addressing public concerns about unsolicited and offensive advertisements, particularly targeting minors.

Reasoning: The Court, led by Chief Justice Burger, addressed the constitutionality of Title III of the Postal Revenue and Federal Salary Act of 1967, specifically 39 U.S.C. § 4009, which allows individuals to request the removal of their names from mailing lists to stop unsolicited mailings deemed sexually provocative.

Due Process under the Fifth Amendment

Application: The process allows for an administrative hearing to contest orders, ensuring due process, and does not immediately sanction the sender upon non-compliance.

Reasoning: The sender has the opportunity to contest the order through an administrative hearing, ensuring due process under the Fifth Amendment.

First and Fifth Amendment Challenges

Application: Appellants argued the statute infringes on their rights due to vagueness and lack of clear standards, but the court found the statute to be sufficiently clear in its requirements.

Reasoning: The appellants, consisting of publishers and mailing service operators, challenged the statute, arguing it infringes on their First and Fifth Amendment rights by being unconstitutionally vague and lacking clear standards.

Prohibitory Orders and Compliance

Application: The statute empowers the Postmaster General to issue orders halting mailings and mandates the removal of individuals' names from mailing lists upon request.

Reasoning: Section 4009 outlines a procedure for individuals to notify the Postmaster General about unwanted advertisements, leading to an order that halts further mailings and removes the individual's name from relevant mailing lists.

Right to Refuse Unwanted Mail

Application: Individuals have the right to refuse unsolicited communications, emphasizing the protection of household privacy and autonomy over received material.

Reasoning: The right to communicate must yield to an addressee's desire to refuse unwanted mail, aligning with the principle that individuals have the right to protect their homes from unsolicited communication.

Scope of Prohibitory Orders

Application: The court interpreted the statute to broadly prohibit all future mailings from a sender once an addressee objects, without requiring an objective test of the material.

Reasoning: The legislative history of subsection (a) supports a broad interpretation that prohibits all future mailings without the need for an objective test, aligning with related subsections.